(225 ILCS 64/65)

(Section scheduled to be repealed on January 1, 2027)

Sec. 65. Informed consent.

(a) A licensed certified professional midwife shall, at an initial prenatal visit with a client, provide and disclose to the client orally and in writing all of the following information:

(1) the licensed certified professional midwife's experience and training;

(2) the licensed certified professional midwife holds an active CPR certification and an active neonatal resuscitation provider status;

(3) whether the licensed certified professional midwife has malpractice liability insurance coverage and the coverage limits of the policy;

(4) a protocol for the handling of both the patient's and the newborn's medical emergencies; this shall include, but not be limited to, obtaining transportation to a hospital particular to each client with identification of the appropriate hospital, providing a verbal report of the care provided to emergency services providers, and sending a copy of the client records with the client at the time of any transfer to a hospital, including obtaining a signed authorization to release the client's medical records to a health care professional or hospital in the event of such emergency transport;

(5) a statement informing the client that, in the event of an emergency or voluntary transfer or if subsequent care is required resulting from the acts or omissions of the licensed certified professional midwife, no liability for the acts or omissions of the licensed certified professional midwife are assignable to the receiving hospital, health care facility, physician, nurse, emergency personnel, or other medical professional rendering such care; the receiving hospital, health care facility, physician, nurse, emergency medical personnel, hospital, or other medical professional rendering care are responsible for their own acts and omissions;

(6) a statement outlining the emergency equipment, drugs, and personnel available to provide appropriate care in the home;

(7) the intent to provide at least one midwife assistant or student midwife during intrapartum and immediate postpartum care; and

(8) a recommendation that the client preregister with the nearest hospital and explain the benefits of preregistration.

(b) A licensed certified professional midwife shall, at an initial prenatal visit with a client, provide a copy of the written disclosures required under this Section to the client and obtain the client's signature and date of signature acknowledging that the client has been informed, orally and in writing, of the disclosures required.

(Source: P.A. 102-683, eff. 10-1-22.)